I have maintained property next to mine for 30 years can I aquire this property.

Question

I have lived next to a school property for nearly 30 years. The topography is such that the school yard and a fence they put up about 10 years ago leaves a fairly large parcel of land (maybe 50 ft wide by 150 ft deep) between the school yard and me. On my side of the fence large trees have grown up and it truly looks like this is my property but legally it is not. Although one neighbor says the previous owner had bought the land from the school but our deed doesn't show that. I have heard that one can acquire land that you have maintained (I have mowed it for 30 years) this legally but don't know who to ask. Any info would be appreciated. This located in a city in the state of Missouri.

Answer 1

No. "Maintaining it" does not give you title to it.

Answer 2

You are talking about adverse possession and the answer is no.  One of the requirements is that your possession of the property was under claim of right.  That means that, throughout your possession of the property, you believed you owned the property.  That's clearly not the case.  You've always known that the property wasn't yours.

Answer 3

ask any real estate agent. they can search the platte to see who owns it now.

Answer 4

Would talk to the county.  Under easement provisions you could put in a request for title due to non-use/maintenance.  Usually a fee involved and then paying for a new survey/appraisal.  I did this with a city owned alley.  A neighbor had fenced off half way leaving the front section which I used as part of my driveway.  Dispute with the neighbor culminated in this action.  We each ended up owning half.

Answer 5

Legally speaking you have just been doing a good deed for the state. In most states you can petition for ownership of other private property but not government property if you can document the ongoing upkeep of the property. This sometimes requires you to also also have paid any taxes on the property.

When it comes to unused or cared for state property most property laws have a clause of eminent domain that prevents a citizen from claiming that property.

A complete check of the property deed that is in question will also resolve the issue if the property was purchased by a private party but never added to your current deed. Again you may have to show proof of upkeep if the property was in fact purchased from the school but never added to your current deed.

Answer 6

Maintaining it is not sufficient; unless your state is different, he

is talking about ...where you must also PAY the property taxes

for the owner.  AFTER 7 yrs, you seek a deed through "adverse

possession."

Since you did not pay the taxes [I assume] you have

donated your services......unless you want to try to negotiate

with the school for a deed for that piece of land [not unheard of]

or some negotiation for your time spent maintaining that sliver

of land.

--IF the neighbor can show that the land was bought from the

school OR

have your title firm compare the school's deed with yours--

stranger things have happened...you or he..or someone

might own it and maybe the acessor never did get

specific on what he was collection FOR.

Answer 7

I suppose it depends on the state...but here adverse possession does not require you pay property tax on the piece of property.  Here (WA state) if you use the property as if it were your own, and the legal owner does nothing to stop you then the property can be claimed under adverse possession in 10 years.  If you also pay property tax that time is reduced to 7 years.  In Oregon it's similar.  

However, I doubt if you could use adverse possession against the city/county.  And even if you could technically, the city/county could turn around and take it back under eminent domain.  

Answer 8

You may have some color of title.  If you have been in "open and notorious possession" of the property, you may have a claim.  It will be a legal process to press that claim and you will need a good property law guy.  

Answer 9

Mowing the property for 30 years does not give you rights to the property.  In an "adverse possession" suit, you would need to claim that not only did you care for the property...but you also paid all taxes on the property...for at least 10 years.